DueProcess JusticiabilityDoctri
Whether the multiple interpretations of McDonough's two prong test requires this Court to grant certiorari to provide clarity and avoid disparate results in cases throughout the circuits
QUESTIONS PRESENTED 1. Whether the multiple interpretations of McDonough’s two prong test requires this Court to grant certiorari to provide clarity and avoid disparate results in cases throughout the circuits. 2. Whether McDonough’s first prong requires intentionally false statements (8"", 11" and D.C. Circuit), inadvertent dishonesty (1*, 4" and 6" Circuits) or a motivation to be seated on the jury requirement (2™ Circuit). 3. Whether McDonough’s second prong necessitates a for-cause challenge (3", 6" and 11" Circuits), no for-cause challenge but resting in discretion of court (1 and 2" Circuits), a for-cause challenge coupled with a motivation by the juror that affected the trial’s fairness (4"" and 8" Circuits) or a for-cause challenge coupled with actual bias (D.C. Circuit). 4. Whether this Court already granted a Writ of Certiorari (and did not grant Certiorari in part and deny in part the remainder of the Petition) and remanded solely to address United States v. Taylor before returning to address the juror misconduct question herein. i